Category: emergency powers

The Coronavirus Act 2020: When Legislation Goes Viral (Part One) – UK Human Rights Blog

Posted April 6th, 2020 in bills, coronavirus, emergency powers, freedom of movement, human rights, news, statutory interpretation by sally

‘At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the Coronavirus pandemic poses serious challenges to society. So far, the global death-toll has exceeded 21,000 and life as we know it in the UK has changed dramatically. In response to this crisis the Government has announced drastic measures in order to curb the spread of the virus and to support those who may be affected. Indeed, it seems that Cicero’s famous injunction to let the welfare of the people be the highest law has gained a new relevance in the age of COVID-19.’

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UK Human Rights Blog, 2nd April 2020

Source: ukhumanrightsblog.com

Domestic abuse cases soar as lockdown takes its toll – The Guardian

Posted April 6th, 2020 in charities, coronavirus, domestic violence, emergency powers, freedom of movement, news by sally

‘More than 25 organisations helping domestic violence victims have reported an increase in their caseload since the start of the UK’s coronavirus epidemic.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

Posted April 3rd, 2020 in chambers articles, children, coronavirus, emergency powers, families, news, parental rights by sally

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

Criminal Powers in response to Covid-19 – stay indoors instructions – 5 SAH

Posted April 3rd, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, freedom of movement, government departments, news, police by sally

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

Coronavirus: Man jailed for coughing on police officer – BBC News

Posted April 3rd, 2020 in assault, coronavirus, emergency powers, enforcement, imprisonment, news, police, sentencing by sally

‘A man who coughed on a police officer and claimed to have coronavirus has been jailed for six months.’

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BBC News, 2nd April 2020

Source: www.bbc.co.uk

Coronavirus: Man jailed after hospital visit social media boast – BBC News

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, health, hospitals, imprisonment, news, nuisance, sentencing by sally

‘A man who boasted on social media of visiting a hospital without a medical reason has been jailed for 12 weeks.’

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BBC News, 2nd April 2020

Source: www.bbc.co.uk

Council and police shut pub that held lock in during lockdown – Local Government Lawyer

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, health, licensed premises, news by sally

‘Ashfield District Council has used its powers working with Nottinghamshire Police to shut a pub under new rules introduced during the COVID-19 outbreak, after the licence holder held a lock in at her pub.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Woman ‘wrongly charged under new law’ – BBC News

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘British Transport Police has admitted wrongly charging a woman who was fined £660 under coronavirus legislation.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

Papa Don’t Breach: Parental Liability under the Coronavirus Regulations – The 36 Group

Posted April 3rd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, government departments, news, police by sally

‘The new Coronavirus legislation is only a week old and already there is public discussion over the tactics used by the police to enforce it (notable perhaps was former Supreme Court Justice Lord Sumption expressing concern that we are sliding into “a police state”).’

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The 36 Group, 2nd April 2020

Source: 36group.co.uk

How Well Do You Know The New Coronavirus Lockdown Rules? – Each Other

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘Am I allowed to drive to take my dog for a walk? Are shops still allowed to sell Easter eggs? Take EachOther’s quiz to see how much you know about the latest coronavirus lockdown rules.’

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Each Other, 2nd April 2020

Source: eachother.org.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, emergency powers, families, freedom of movement, government departments, human rights, news, proportionality by sally

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Government issues guidance on how local authorities can use Care Act ‘easements’ – Local Government Lawyer

Posted April 2nd, 2020 in codes of practice, coronavirus, easements, emergency powers, government departments, local government, news, social services by sally

‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton

Posted April 2nd, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, health, human rights, news, proportionality, statutory interpretation by sally

‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’

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UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

York woman fined for breaching coronavirus rules – BBC News

Posted April 2nd, 2020 in coronavirus, emergency powers, enforcement, fines, health, news by sally

‘A woman has been fined for breaching coronavirus restrictions after she refused to tell police who she was and why she was at a railway station.’

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BBC News, 1st April 2020

Source: www.bbc.co.uk

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

Posted April 2nd, 2020 in chambers articles, coronavirus, emergency powers, news, statutory interpretation by sally

‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Lawyers echo Sumption’s ‘police state’ warning – Law Society’s Gazette

Posted April 1st, 2020 in coronavirus, emergency powers, enforcement, government departments, judges, law firms, news, police by sally

‘Criticism by former Supreme Court justice Lord Sumption of apparent over-reach by police officers enforcing Covid-19 lockdown restrictions appears to have struck a chord in the legal profession.’

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Law Society's Gazette, 31st March 2020

Source: www.lawgazette.co.uk

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

Posted April 1st, 2020 in coronavirus, drafting, emergency powers, enforcement, news, police, statutory interpretation by sally

‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’

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UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Jeff King: The Lockdown is Lawful – UK Constitutional Law Association

Posted April 1st, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’

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UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

Criminal Powers in response to Covid-19 – stay indoors instructions – 5SAH

Posted March 31st, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, fines, freedom of movement, health, news, police by sally

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5SAH, 30th March 2020

Source: www.5sah.co.uk

UK police warned against ‘overreach’ in use of virus lockdown powers – The Guardian

Posted March 31st, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, police by sally

‘Police chiefs are drawing up new guidance warning forces not to overreach their lockdown enforcement powers after withering criticism of controversial tactics to stop the spread of coronavirus, the Guardian has learned.’

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The Guardian, 30th March 2020

Source: www.theguardian.com